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(영문) 서울행정법원 2016.04.08 2015구단58884
요양급여불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 30, 2014, the Plaintiff suffered bodily injury, such as mination and crushing of the left-hand edge, while engaging in new repair work at a factory of a company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company

(hereinafter “instant accident”). (b)

On May 13, 2015, the Plaintiff filed an application for medical care benefits with the Defendant on the ground of the instant accident. On June 1, 2015, the Defendant rendered a disposition not to approve the Plaintiff’s application for medical care benefits on the ground that it is difficult to recognize the Plaintiff as an employee under the Labor Standards

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff worked as an employee from November 1, 1993, and prepared a contract document formally at the request of the non-party company on June 1, 2012 and converted it into a president system. However, even thereafter, at the time of the instant accident, the Plaintiff provided the non-party company with labor in a subordinate relationship to the non-party company as in the previous case.

Therefore, the disposition of this case which the plaintiff did not approve the application for medical care benefits on the ground that it is not an employee of the non-party company

(b) Entry in the attached Form of relevant statutes;

C. In order to become a beneficiary of insurance benefits under the Industrial Accident Compensation Insurance Act, it shall be an employee under the provisions of the Labor Standards Act at the time of the accident, and in determining whether an employee is a worker under the Labor Standards Act, it shall be determined according to whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages in substance, regardless of whether the form of the contract is an employment contract or a contract for work under the Civil Act, and the above mentioned.

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